West Virginia commercial lease agreement template

West Virginia Commercial Lease Agreement

This Commercial Lease Agreement (the “Agreement”) is made and entered into as of this [Date] by and between [Landlord Legal Name], whose address is [Landlord Address] (“Landlord”), and [Tenant Legal Name], whose address is [Tenant Address] (“Tenant”).

Landlord:

• [Landlord Legal Name]
• [Landlord Address]
• [Landlord Phone Number]
• [Landlord Email Address]
• Type of Entity:
  • Option A: Individual
  • Option B: Corporation
  • Option C: Limited Liability Company (LLC)
  • Option D: Partnership

Tenant:

• [Tenant Legal Name]
• [Tenant Address]
• [Tenant Phone Number]
• [Tenant Email Address]
• Type of Entity:
  • Option A: Individual
  • Option B: Corporation
  • Option C: Limited Liability Company (LLC)
  • Option D: Partnership

1. Leased Premises:

• The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Premises Address], Suite/Unit Number [Suite/Unit Number], consisting of approximately [Square Footage] square feet (the “Leased Premises”).
• Description of Boundaries: [Detailed Description of Boundaries]
• Shared/Common Areas: [Description of Shared/Common Areas and Tenant's Rights to Use]

2. Permitted Use:

• The Leased Premises shall be used and occupied by the Tenant solely for the purpose of operating a [Type of Business] business.
  • Option A: Specifically including the sale of [Specific Products/Services].
  • Option B: Specifically excluding the sale of [Specific Products/Services].
• Prohibited Uses: The Tenant shall not use the Leased Premises for any unlawful purpose or any purpose that violates any applicable law, ordinance, or regulation, including, but not limited to, [List of Prohibited Uses, e.g., residential use, storage of hazardous materials beyond permitted levels].

3. Lease Term:

• The term of this Lease shall commence on [Start Date] and shall continue for a term of [Number] years, expiring on [End Date].
• Month-to-Month Tenancy:
  • Option A: This Lease shall automatically convert to a month-to-month tenancy upon expiration of the initial term, terminable by either party with [Number] days’ written notice.
• Renewal Option:
  • Option A: Tenant shall have the option to renew this Lease for an additional term of [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the initial term. The renewal term rent shall be [Renewal Term Rent Amount or Calculation Method].

4. Base Rent:

• The base rent for the Leased Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on [Start Date].
• Payment Method:
  • Option A: Rent shall be paid by check made payable to [Payee Name] and delivered to [Payment Address].
  • Option B: Rent shall be paid via electronic funds transfer (EFT) to [Bank Name], Account Number [Account Number], Routing Number [Routing Number].
• Rent Escalation:
  • Option A: The base rent shall increase annually by [Percentage]%.
  • Option B: The base rent shall increase annually based on the Consumer Price Index (CPI) for [Specific CPI Index].
  • Option C: The base rent shall increase as follows: [Specific Rent Increase Schedule].

5. Additional Rent:

• In addition to the base rent, the Tenant shall pay the following as additional rent:
  • Common Area Maintenance (CAM): Tenant shall pay [Percentage]% of all CAM expenses, including but not limited to landscaping, snow removal, and maintenance of common areas.
  • Property Taxes: Tenant shall pay [Percentage]% of all real property taxes assessed against the property.
  • Insurance: Tenant shall pay [Percentage]% of the Landlord's insurance premiums for the property.
  • Utilities: Tenant is responsible for direct payment of the following utilities: [List of Utilities Tenant Pays Directly]. Tenant shall also pay [Percentage]% of the following shared utilities: [List of Shared Utilities and Apportionment Method].

6. Security Deposit:

• The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount].
• Use of Security Deposit: The security deposit may be used by the Landlord to remedy any default by the Tenant, including, but not limited to, damage to the Leased Premises (excluding ordinary wear and tear) and unpaid rent. Interest provisions are governed by West Virginia law.
• Refund of Security Deposit: The security deposit, or any portion thereof remaining after deducting amounts permitted under this Lease and West Virginia law, shall be returned to the Tenant within [Number] days after the termination of this Lease and the Tenant's surrender of the Leased Premises.

7. Upfront Payments/Fees:

• Key Deposit: Tenant shall pay a key deposit of [Dollar Amount], refundable upon return of the keys.
• Administrative Fee: Tenant shall pay an administrative fee of [Dollar Amount], which is non-refundable.

8. Tenant Improvements:

• Allowance: Landlord shall provide Tenant with an allowance of [Dollar Amount] for tenant improvements.
• Approval: All tenant improvements are subject to Landlord's prior written approval.
• Ownership and Removal:
  • Option A: All tenant improvements shall become the property of the Landlord upon termination of this Lease.
  • Option B: Tenant may remove tenant improvements at the end of the Lease term, provided Tenant restores the Leased Premises to its original condition.

9. Repairs and Maintenance:

• Landlord's Responsibility: Landlord shall be responsible for maintaining the structural components of the Leased Premises, including the roof, foundation, and exterior walls (excluding windows and doors if damaged by the tenant), and common areas.
• Tenant's Responsibility: Tenant shall be responsible for maintaining the interior of the Leased Premises, including plumbing, electrical, HVAC, and all repairs or replacements due to Tenant’s negligence or misuse.
• HVAC Maintenance: [Detailed Description of HVAC Maintenance Responsibilities and Frequency].
• Parking Lots/Landscaping: [Detailed Description of Parking Lot and Landscaping Maintenance Responsibilities].

10. Alterations and Additions:

• Tenant shall not make any alterations or additions to the Leased Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld.
• Restoration: Upon termination of this Lease, Tenant shall, at Landlord's option, restore the Leased Premises to its original condition.

11. Assignment and Subletting:

• Assignment/Subletting Allowed:
  • Option A: Tenant shall have the right to assign this Lease or sublet the Leased Premises with Landlord's prior written consent, which consent shall not be unreasonably withheld.
  • Option B: Tenant shall not assign this Lease or sublet the Leased Premises without Landlord's prior written consent, which may be withheld in Landlord's sole discretion.
• Subtenant Requirements: Any subtenant must be approved by Landlord and meet Landlord's standard tenant criteria.
• Recapture Rights: Landlord shall have the right to recapture the Leased Premises upon Tenant's request to assign or sublet.

12. Insurance:

• Tenant shall maintain the following insurance coverage:
  • Commercial General Liability Insurance: [Dollar Amount] per occurrence.
  • Property Insurance: Covering all of Tenant's personal property and improvements in the Leased Premises.
  • Business Interruption Insurance: Sufficient to cover Tenant's lost profits during any period of business interruption.
• Landlord shall maintain insurance on the building.
• Waiver of Subrogation: Each party waives any right of subrogation against the other.

13. Indemnification:

• Tenant shall indemnify and hold harmless Landlord from any and all claims, damages, and liabilities arising out of Tenant's use of the Leased Premises or Tenant's breach of this Lease, except to the extent caused by Landlord's negligence or willful misconduct.
• Landlord shall indemnify and hold harmless Tenant from any and all claims, damages, and liabilities arising out of Landlord's negligence or willful misconduct.

14. Quiet Enjoyment:

• Landlord covenants that Tenant shall have quiet enjoyment of the Leased Premises during the term of this Lease, provided Tenant is not in default.

15. Landlord's Entry:

• Landlord shall have the right to enter the Leased Premises upon reasonable notice to Tenant, except in cases of emergency, for the purpose of inspection, maintenance, or repairs.
• Notice Requirement: [Number] hours written notice shall be provided unless it is an emergency.
• Business Hours: Entry must occur during normal business hours, unless otherwise agreed.

16. Compliance with Laws:

• Tenant shall comply with all applicable laws, ordinances, and regulations.
• Permits and Zoning: Tenant is responsible for obtaining all necessary permits and licenses for its business operations.
• ADA Compliance: Tenant is responsible for complying with the Americans with Disabilities Act (ADA) and all applicable accessibility laws.

17. Lien Rights:

• Landlord shall have a lien on all of Tenant's personal property located on the Leased Premises to secure the payment of rent and other obligations under this Lease, to the extent permitted by West Virginia law.

18. Default and Remedies:

• Default:
  • Monetary Default: Failure to pay rent or other sums due under this Lease within [Number] days of the due date.
  • Non-Monetary Default: Failure to comply with any other term or condition of this Lease within [Number] days after written notice from Landlord.
• Landlord's Remedies: Upon Tenant's default, Landlord shall have the right to:
  • Terminate this Lease and evict Tenant. West Virginia eviction procedures will apply.
  • Lockout Tenant. Lockout procedures must comply with West Virginia law.
  • Sue Tenant for damages.
  • Accelerate Rent: Accelerate the remaining rent due for the balance of the lease term, to the extent permitted by West Virginia law.
• Tenant's Remedies: Upon Landlord's default, Tenant shall have the right to:
  • Sue Landlord for damages.
  • Terminate the Lease if Landlord's default substantially interferes with Tenant's business.
• Self-Help: [Specify if self-help remedies are allowed and any limitations, keeping in mind West Virginia law].

19. Surrender of Premises:

• Upon termination of this Lease, Tenant shall surrender the Leased Premises in good condition, reasonable wear and tear excepted.
• Removal of Property: Tenant shall remove all of its personal property from the Leased Premises.
• Restoration: Tenant shall restore the Leased Premises to its original condition, as required by Section 10 of this Lease.

20. Holding Over:

• If Tenant holds over after the expiration of the Lease term, the tenancy shall be deemed a month-to-month tenancy, subject to all of the terms and conditions of this Lease, except that the base rent shall be increased to [Dollar Amount] per month.

21. Damage and Destruction:

• If the Leased Premises are damaged by fire or other casualty, Landlord shall repair the Leased Premises, unless the damage is so extensive as to render the Leased Premises untenantable, in which case either party may terminate this Lease.
• Rent Abatement: Rent shall be abated during the period of time that the Leased Premises are untenantable.

22. Condemnation:

• If the Leased Premises are taken by eminent domain, this Lease shall terminate. Tenant may be entitled to compensation under West Virginia law.

23. Subordination, Non-Disturbance, and Attornment (SNDA):

• This Lease shall be subordinate to any existing or future mortgage on the property.
• Landlord shall use commercially reasonable efforts to obtain a non-disturbance agreement from any mortgagee.

24. Estoppel Certificates:

• Tenant shall, within [Number] days after request by Landlord, execute and deliver to Landlord an estoppel certificate confirming the terms of this Lease.

25. Signage:

• Tenant shall have the right to install a sign on the exterior of the Leased Premises, subject to Landlord's approval of the design and location, and compliance with all applicable ordinances. [Specify signage area/size].

26. Parking:

• Tenant shall have the right to use [Number] parking spaces in the common parking area.
• Parking Restrictions: [Specify any parking restrictions, such as designated spaces or time limits].

27. Environmental Compliance:

• Tenant shall comply with all applicable environmental laws.
• Hazardous Materials: Tenant shall not use, store, or dispose of any hazardous materials on the Leased Premises without Landlord's prior written consent.
• Spill Response: Tenant shall be responsible for any spills or releases of hazardous materials caused by Tenant.

28. Americans with Disabilities Act (ADA):

• [Allocation of Responsibility for ADA Improvements. Examples: Landlord responsible for exterior, Tenant responsible for interior modifications].

29. Utilities and Services:

• Tenant is responsible for payment of the following utilities: [List of Utilities Tenant Pays Directly].
• Shared Utilities: Tenant shall pay [Percentage]% of the following shared utilities: [List of Shared Utilities and Apportionment Method].
• Hours of Availability: [Specify hours of availability for utilities].
• Internet/Telecommunications: Tenant shall be responsible for arranging for and paying for its own internet and telecommunications services.

30. Force Majeure:

• Neither party shall be liable for any failure to perform its obligations under this Lease due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, fire, flood, or labor disputes.

31. Notices:

• All notices under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth in this Lease.

32. Governing Law:

• This Lease shall be governed by and construed in accordance with the laws of the State of West Virginia.

33. Dispute Resolution:

• Any dispute arising out of or relating to this Lease shall be resolved by:
  • Option A: Mediation.
  • Option B: Arbitration.
  • Option C: Litigation in the state courts of West Virginia.

34. Attorney's Fees:

• In any legal action or proceeding relating to this Lease, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs.

35. Waiver of Jury Trial:

• Each party waives its right to a jury trial in any action or proceeding relating to this Lease.

36. Successors and Assigns:

• This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

37. Entire Agreement:

• This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof.

38. Amendment:

• This Lease may be amended only by a written instrument signed by both parties.

39. Severability:

• If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

40. Special Clauses for West Virginia:

• Statutory Disclosures: [Insert any required West Virginia statutory disclosures, such as notice of right to access premises, disclosure of known environmental hazards, or flood risk].
• Eviction Procedures: Landlord acknowledges and will comply with West Virginia eviction procedures.
• Interest and Late Fees: Late fees shall comply with the limitations established by West Virginia law.
• Security Deposit Treatment: Treatment of the security deposit will adhere to West Virginia law.
• [Landlord's duty and liability for habitability or safety of leased premises under West Virginia codes.]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Landlord Legal Name], Landlord

By: ____________________________
[Landlord Signature]
Title: [Landlord Title, if applicable]

____________________________
[Tenant Legal Name], Tenant

By: ____________________________
[Tenant Signature]
Title: [Tenant Title, if applicable]

Notary Acknowledgment (If Required):

State of West Virginia, County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [Landlord Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Witness my hand and official seal.

____________________________
Notary Public
My Commission Expires: [Date]

State of West Virginia, County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [Tenant Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Witness my hand and official seal.

____________________________
Notary Public
My Commission Expires: [Date]